
FT MEADE 

GenCol 1 

















LIBRARY OF CONGRESS. 

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UNITED STATES of AMERICA. 
























Everybody's Book. ' 

SOME POINTS IN LAW 

OF INTEREST AND USE 

TO 


North Carolina Farmers, Merchants and Business 
Men Generally. 

„ o 

^ ~ 


WALTER CLARE, 

* / 

Attorney and Counsellor , 

RALEIGH, NORTH CAROLINA. 



1 8 82 . 





















/ir/^75- 

.Nsds- . 





LAW OFFICE 

OF 


WALTER CLARK, 


RALEIGH, 


NORTH CAROLINA 


Suits prosecuted and defended and legal busi¬ 
ness ATTENDED TO IN ALL COURTS. 


Commercial litigation and collections through¬ 
out the United States. 



RALEIGH: 

P. M. HALE, PUBLISHER, 
1882 . 































NOTE. 


The first duty of the counsellor is to prevent litigation ; 
the second duty (where litigation cannot be avoided) is 
to press the suit to an end at the earliest possible moment 
consistent with the proper management of the case. 

I endeavor in my practice to act up to this principle, 
and to find my own interest in attending strictly to the 
best interests of my clients. 

It is my ambition to attend with promptness and fidel¬ 
ity to all matters and suits placed in my charge, whether 
large or small; and to take that course in legal business 
which will secure to the client, for a reasonable expendi¬ 
ture of time and money, the greatest return the nature 
of the business or controversy will admit of. 

I am ready to prosecute or defend suits in all courts, 
State and National, and to attend to any other matters 
requiring a lawyer’s special training. 

Business men frequently want information which only 
a lawyer can give with accuracy; and while such informa¬ 
tion may be useful and gratifying, it is not thought worth 
while to make it a subject of legal consultation. 

Some of this simple and useful information is con¬ 
tained in the pages of this pamphlet. 

WALTER CLARK, 
Raleigh, N. C. 













CONTENTS. 


PAGE. 

Administration, .7 

Agency,. 8 

Arrest,.9 

Attachment,.„.10 

Chattel Mortgages,.11 

Contracts Required to be in Writing,.18 

Corporations, .12 

• Descent and Distribution : 

Personal Property,.13 

Real Property,.15 

Divorce,.16 

Exempt Property: 

Personal, ... %.17 

Real,. 17 

False Pretences, . 18 

Justices of Peace,.19 

Landlord and Tenant,.19 

Limitation of Time to Sue.—Outlawed Claims, ... 21 

Marriage—for what Causes Annulled,. . 16 

Married Women—their Rights and Contracts, .... 22 

Mechanics’ Liens,. , 23 

Mode of Calculating Interest.29 

Notes and Bills,.24 

Partnership,.25 

Rules of Business,. 27 

Suffrage,.. 25 

Usury and its Effect,.26 

Wills—Who may Make,.26 








































































w 




































Condensed from Statutes and Decisions. 


Administration—Who Entitled To ? 

In cases of intestacy, administration shall be granted 
to the relatives of the deceased, who would be entitled 
to succeed to the personal estate, if they, or any of 
them, will accept the same, in the following order: 

1. To the husband or widow. 

2 . To the children. 

3 . To the father. 

4 . To the mother. 

5 . To the brothers. 

6 . To the sisters. 

7 . To the grandchildren. 

8 . To any other next of kin who would be entitled 
to share in the distribution of the estate. 

The creditors of the deceased are entitled after the 
next of kin, and after the creditors the public adminis¬ 
trator. 

When there shall be several persons of the same 
degree of kindred to the intestate, entitled to adminis¬ 
tration, one or more shall be selected at the discretion 
of the Probate Court. 









8 Titles Examined. 


Agency. 

Agency is of two sorts : (i) a special agency ; ( 2 ) 
a general agency. A special agency is confined to a 
single transaction. A general agency is created by a 
delegation of authority to do all acts connected with a 
particular trade, business or employment. 

If a Special Agent exceeds the special and limited au¬ 
thority conferred on him, the principal is not bound, 
unless he has held the special agent out as possessing 
a more enlarged authority. 

But in case of a general agent, the principal will be 
bound by the agent’s acts, within the scope of the gen¬ 
eral authority conferred on him, although he violates 
by those acts his private instructions, limiting, qualify¬ 
ing, suspending, or prohibiting the exercise of such au¬ 
thority under particular circumstances. 

In dealing with an' agent, if it is disclosed that his 
authority is in writing, the writing should be called for 
and examined, as the person dealing with him in such 
case will be bound to take notice of any limitation upon 
his authority. And in dealing with a special agent, in¬ 
quiry should always be made into the precise nature and 
extent of his authority. 

So, if an agent is restricted by private instructions 
from his principal, of which the person dealing with 
him is, in any manner, notified, the only safe way is to 
make full inquiries into the agent’s authority, and the 
limitations upon it. 








Mortgages Foreclosed. 


Arrest.—When can you Arrest a Man? 

The defendant in a civil action may be arrested 
where: 

1. In an action arising on contract where, the de¬ 
fendant is a non-resident of the State, or is about to 
remove therefrom; and in action for the recovery of 
damages on a cause of action not arising out of con¬ 
tract, where the action is for injury to person or char¬ 
acter, or for wrongfully taking, detaining or converting 
property. 

2 . Jn an action for a fine or penalty; or on a promise 
to marry (if accompanied by seduction, and an attempt to 
flee the State); or for money received, or for property 
embezzled or fraudulently misapplied by a public offi¬ 
cer, or by an attorney, solicitor or counsellor, or by an 
officer or agent of a corporation or banking associa¬ 
tion, in the course of his employment as such, or by any 
factor, agent, broker or other person in a fiduciary ca¬ 
pacity ; or for any misconduct or neglect in office, or 
in a professional employment. 

3 . In an action to recover personal property, where 
the chattel, or a part thereof, has been concealed, re¬ 
moved, or disposed of,.so that it cannot be found or 
taken by the Sheriff, and with intent that it should 
not be so found or taken, or to deprive the plaintiff of 
the benefit thereof. 

4 . When the defendant has been guilty of a fraud 
in contracting the debt, or incurring the obligation for 
which the action is brought, or in concealing or dispos¬ 
ing of the property for the taking, detention or conver- 







_ — 

Suits Brought. 


sion of which the action is brought, or when the action 
is brought to recover damages for fraud or deceit. 

5 . When the defendant has removed or disposed 
of his property, or is about to do so, with intent to de¬ 
fraud his creditors. 

A woman can only be arrested where the action is to 
recover damages for a wilful injury to person, character 
or property. 


Attachment.—When may Property be Attached ? 

An attachment will issue against the property of the 
defendant where the action is to recover a sum of money 
only, as damages, in the following cases : 

1 . Breach of contract, express or implied, other than 
a contract to marry. 

2 . Wrongful conversion of personal property. 

3 . Any other injury to personal property, in conse¬ 
quence of negligence, fraud, or other wrongful act. 

But before the plaintiff is entitled to a warrant of at¬ 
tachment, he must show by affidavit as follows : 

1 . That a cause of action included in one of the 
above-mentioned classes exists against the defendant. 
If the action is to recover damages for breach of con¬ 
tract, the affidavit must show that the plaintiff is entitled 
to recover a sum stated therein, over and above all 
counter claims known to him. 

2 . That the defendant is either a foreign corporation 
or not a resident of this State ; or, if he is a natural 












Suits Defended. ii 


person and a resident of the State, that he has departed 
therefrom, with intent to defraud his creditors, or to 
avoid the service of a summons, or keeps himself con¬ 
cealed therein with like intent; or, if the defendant is 
a natural person or a domestic corporation, that he 
or it has removed, or is about to remove, property 
from the State, with intent to defraud his or its credi¬ 
tors ; or has assigned, disposed of, or secreted, or is 
about to assign, dispose of, or secrete property, with like 
intent. 

The plaintiff is also required to give a bond or under¬ 
taking in the sum of at least # 250 . 00 , with sureties, be¬ 
fore the attachment issues. 


Chattel Mortgages. 

Mortgages of goods and chattels are void, as against 
creditors of the mortgagor, and as against subsequent 
purchasers and mortgagees in good faith, except from 
registration of such mortgage. 

Any person desiring to secure an indebtedness not 
exceeding three hundred dollars may execute a mortgage 
in form substantially as follows : 

I,.of the County of. 

in N. C., am indebted to.. of County 

of.N. C., in the sum of. 

dollars, for which he holds my note to be due. 

day of. 188 . . , and to secure the payment 














12 


Wills Proved. 


of the same, I hereby convey to him these articles of 
personal property, to wit: 


but on this special trust, that if I fail to pay said debt 

and interest on or before.day of. 188 . . 

then he may sell said property, or so much thereof as 
may be necessary, by public auction, for cash, first giv¬ 
ing twenty days’ notice at three public places, and apply 
the proceeds of such sale to the discharge of said debt 
and interest, and pay over any surplus to me. 

* Given under my hand and seal, this.day of 

. 188 . . . 


J 

1 


SEAL 


j 


Such deed is good from its registration. The fee of 
the Probate Judge on.such instrument is ten cents, and 
the fee of the Register of Deeds is twenty cents. 


Corporations. 

Besides various other purposes, corporations may be 
formed under general laws for manufacturing, mining, 
mechanical,' chemical, agricultural, horticultural and 
commercial purposes. 

Any three or more persons who so desire may become 
a corporation. 

For that purpose they must make and acknowledge 
before some officer competent to take the acknowledg- 













Deeds and Mortgages Drawn. 


ment of deeds, and file in the office of the clerk of the 
county in which the business of the company shall be 
carried on, a certificate in writing, in which shall be 
stated the corporate name of the company, and the 
objects for which it shall be formed, the amount of the 
capital stock, the term of its existence, the number of 
shares of which the stock shall consist, the title of prin¬ 
cipal officers and whether or not the stockholders shall 
be individually liable for the debts of the company, and 
the names of the town and county in which the opera¬ 
tions of the company are to be carried on. 

When this certificate shall have been filed as above 
stated, the clerk of the superior court shall grant a per¬ 
mit to open books of subscription at such times and 
places as may be desirable. If two-thirds of the capital 
stock shall be subscribed within twelve months after 
such permit, the clerk shall call a meeting of the sub¬ 
scribers to organize the company. 


Descent and Distribution of Estate. 

i. Personal Property. 

Where a person dies'leaving no will, his personal es¬ 
tate, after the payment of his debts, shall be distributed 
to the widow, children or next of kin of the deceased 
in manner following : 

i. If there are not more than .two children, one- 
third part thereof to the widow, and all the residue by 
equal portions among the children, arid to the persons 












i4 Liens Filed and Enforced.- 


who legally represent such children as may then be 
dead. If there are more than two children, the widow 
takes a child’s share. 

2 . If there be no children and no legal representa¬ 
tives of them, then one-half of the whole surplus, after 
payment of debts, shall be allotted to the widow, and 
the other half shall be distributed to the next of 
kin of the deceased, who are in equal degree and to 
those who legally represent them. 

3 . If there be no widow, then the whole surplus 
shall be distributed equally to and among the children, 
and such as legally represent them. 

4 . In case there be no widow and no children, and 
no representatives of a child, then the whole surplus 
shall be distributed to the next of kin, in equal degree 
to the deceased, and their legal representatives. 

5 . If the deceased shall leave no children, and no 
representatives of them, and no father, and shall leave 
a widow and a mother, the half not distributed to the 
widow, shall be distributed in equal shares to the 
mother, and brothers and sisters, or the representatives 
of such brothers and sisters ; and if there be no wid¬ 
ow, the whole surplus shall be distributed in like man- 
nor to the mother, and to the brothers and sisters, or 
the representatives of such br 6 thers and sisters. 

6 . If the deceased leave a father and no child or 
descendant, the father shall take a half, if there be a 
widow; and the whole, if there be no widow. 

7 . If the deceased leave a mother and no child, de¬ 
scendant, father, mother, sister, or representative of a 








Contracts Drawn. 


brother or sister, the mother, if there be a widow, shall 
take a half, and the whole, if there be no widow. 

8 . Relatives of the half blood shall take equally 
with those of the whole blood in the same degree ; and 
the representatives of such relatives shall take in the 
same manner as the representatives of the whole blood. 

9 . Descendants and next of kin of the deceased, 
begotten before his death, but born thereafter, shall 
take in the same manner -as if they had. been born in 
the lifetime of the deceased, and had survived him. 

The above rules apply to the personal estates of mar¬ 
ried women dying intestate, leaving descendants them 
surviving. 

II. Real Property. 

The real estate of every person who shall die without 
devising the same, shall descend in manner following : 

1 . To his lineal descendants. 

2 . To his brothers and sisters and their descendants. 

3 . To his father. 

4 . To his mother. 

5 . To his collateral relatives. 

6 . If no collateral relatives, then the widow is heir. 

Where the inheritance came to the intestate on the 

part of the father, it descends to the collateral relatives 
of the father in preference to those o'f the mother. 

Where the inheritance came to the. intestate on the 
part of the mother, it descends to the collateral rela¬ 
tives of the mother in preference to those of the 
father. 










16 Corporations Organized. 


Where the inheritance came to the intestate on the 
part of neither father nor mother, it descends to the 
collateral relatives of both in equal shares. 

Relatives of the half blood inherit equally with those 
of the whole blood, in the same degree. 

Descendants and relatives of the intestate, begotten 
before his death but born thereafter, inherit in the same 
manner as if they had been born in the lifetime of the 
intestate, and had survived him. 

The mother of an illegitimate child, dying without 
descendants, takes the inheritance. 

The widow is always entitled to dower. This is a 
life estate in one-third in value of the real estate, where¬ 
of her husband was at any time seized and possessed 
during the marriage, including in the third the resi¬ 
dence and outbuildings. 

Divorce. 

There are but three grounds in the State of North 
Carolina for an absolute divorce : 

1. If either party shall separate from the other and 
live in adultery. 

2 . If the wife shall commit adultery. 

3 . If either party was at the time of the marriage 
and still is naturally impotent. 

A limited divorce may be obtained for the following 
causes: 

1 . Cruel and barbarous treatment, endangering life. 

2 . Such conduct, on the part of the defendant to- 









Consultations And Advice. 


wards the person of the plaintiff, as may render his or 
her condition intolerable and life burdensome. 

3. Abandonment. 

4. Where either party shall turn the other out of doors. 

5. Where the defendant shall become an habitual 
drunkard. 


What Property is Exempt from Attachment and 
Execution ? 

I. Personal Property. 

Personal property not exceeding in value $500 is ex¬ 
empt from levy and sale by virtue of an execution, the 
articles to be selected by the defendant in the execution. 

II. Real Property. 

1. Land set apart as a family or private burying- 
ground. 

2. A lot of land, with one or more buildings thereon, 
not exceeding in value one thousand dollars, owned and 
occupied as a residence. 

In the cases of a burying-ground and homestead, before 
the judgment debtor is entitled to the exemption the 
property must be designated according to certain legal 
formalities not necessary to insert here. 

A lawyer is frequently asked whether a man’s wages 
or salary can be attached. Wages or salary due to a 
debtor may be attached like any other thing in action, 
provided the grounds exist which are above specified 

under the head of u Attachment If none of those 
2 






18 Collections Promptly Made. 


grounds exist, the wages or salary cannot be attached; 
but after judgment and execution returned unsatisfied, 
they may be reached by supplementary proceedings. 
There are these exceptions, however: the earnings of the 
judgment debtor for his personal services, rendered 
within sixty days next before the institution of the sup¬ 
plementary proceedings, cannot be taken, where it ap¬ 
pears that those earnings are necessary for the use of a 
family, wholly or partly supported by his labor, nor 
where such earnings are selected by the debtor as a part 
of his $500 personal property exemption, nor where 
the salary is that of a public officer. 

What Contracts must be in Writing. 

In the following cases every agreement shall be void, 
unless such agreement shall be in writing and subscribed 
by the party to be charged therewith : 

1. Every special promise to answer for the debt, de¬ 
fault, or miscarriage of another person. 

2. Every contract for the leasing for a longer period 
than three years, or for the sale of any lands, or any in¬ 
terest in lands, shall be void, unless the contract, or 
some note or memorandum thereof, expressing the con¬ 
sideration, be in writing, and subscribed by the party, by 
whom the lease or sale is to be made. 

False Pretences. 

A false representation of a subsisting fact, calculated 
to deceive, and which does deceive, by which the party 










Injunctions Obtained. 19 


making the representation obtains something of value 
from another without compensation, whether the repre¬ 
sentation be in writing, or in words, or in acts, is indicta¬ 
ble and punishable on conviction, by a fine of not less 
than $100, nor more than $1,000, or by imprisonment in 
the penitentiary not less than one year, nor more than 
five years, or both, at the discretion of the court. 

Justices of the Peace 

Have original jurisdiction of all actions founded on 
contract where the sum demanded does not exceed $200, 
exclusive of interest; and of civil actions not founded on 
contract, and in proceedings in claim and delivery, where 
the value of the property in controversy does not exceed 
fifty dollars. Where, however, in any case it appears 
that the title to real estate is in controversy, the jurisdic¬ 
tion of the magistrate ceases and he must dismiss the 
action. 

In criminal matters, the jurisdiction of the Justice of 
the Peace extends to all cases where the punishment can¬ 
not exceed a fine of fifty dollars, or imprisonment for 
one month. 

Landlord and Tenant. 

All leases exceeding three years, and all mining leases 
of whatever duration, are void unless in writing. No 
lessor who receives as rent a share of the proceeds, or 
net profits of the business in which the leased or rented 









20 Wills Carefully Drawn. 


property is used, becomes thereby a partner of the 
lessee. 

Whenever any person occupies land of another by his 
permission but without any express agreement as to rent, 
the landlord is entitled to recover reasonable compensa¬ 
tion. 

A tenancy from year to year may be terminated by a 
notice to quit given three months before the end of the 
current year; a tenancy from month to month by a like 
notice of fourteen days; a tenancy from week to week, 
of two days. 

A tenant is not liable for accidental damage to the 
premises if he use reasonable diligence, unless he so 
contract. 

Distress for rent is abolished, and a landlord has no 
lien on the goods and chattels of a tenant other than the 
crop for rent in arrear. 

All crops raised on leased or rented land are deemed 
vested in possession of the landlord until the rent, to¬ 
gether with all advancements made by the landlord to 
aid in making or saving the crop are paid, also till all 
stipulations in the lease are complied with or damages 
for the breach thereof are paid. This landlord’s lien is 
preferred to all other liens, and if any of the crop is 
carried off before such lien is fully discharged, the land¬ 
lord can recover possession (into whosesoever hands it 
may pass,) by a proceeding in claim and delivery. . In 
case of a dispute as to the amount due under the landlord’s 
lien, the matter can be adjusted by a suit before a 
magistrate, if the amount disputed is less than two hun- 









Patent Rights Enforced. 21 * 


dred dollars; if over that the superior court has juris¬ 
diction. 

Any tenant, or other person, removing any part of the 
crop from the land without the consent of the landlord, 
or without giving him five days’ notice and satisfying the 
landlord’s lien, is guilty of a misdemeanor. 

These provisions apply to leases of turpentine trees 
equally with farming leases. 


Limitation of time to sue. When is a debt 
barred ? 

An action upon a judgment or decree of any court of 
the United States, or of any State or Territory thereof; 
or upon a sealed instrument against the principals 
thereto; or for the foreclosure of a mortgage, or deed 
in trust for creditors with a power of sale of real prop¬ 
erty ; or an action for the redemption of a mortgage; 
must be brought within ten years. 

An action on a judgment rendered by a justice of the 
peace ; or by a creditor of a deceased person against 
his personal or real representative ; must be brought 
within seven years. 

All contracts, express or implied, other than those 
mentioned above, become barred in three years. 

A claim for damages to any incorporeal hereditament 
is barred in six years, also any action upon the official 
bond of a public officer, executor, administrator or 
guardian. 














22 Abstracts of Title Prepared. 


In cases of personal injuries caused by negligence, 
for trespass on real property, or injury to or specific re¬ 
covery of personal property, the claim is barred in 
three years ; and in cases of libel, assault, battery, and 
false imprisonment, the claim is barred in one year, 
and in cases of slander, six months. 

Actions on judgments of Courts not of record, are 
barred in seven years. 

A new promise, to take a contract or other liability 
but of the statute of limitations must be in writing. 

But a payment on, account of principal or interest 
takes the case out of the operation of the statute with¬ 
out any writing. 


Married Women. 

The property which a woman owns at the time of her 
marriage, and the rents, issues and profits thereof; the 
property which comes to her by descent, devise, be¬ 
quest, gift or grant; and that which she acquires by her 
trade, business, labor or services, carried on or performed 
on her sole or separate account, shall, notwithstanding 
her marriage, be and remain her sole and separate prop¬ 
erty, and may be used, collected and invested by her in 
her own name, and shall -not be subject tq the interfer¬ 
ence or control of her husband, or liable for his debts, 
except such debts as may have been contracted for the 
support of herself or her children, by her as his agent. 

She may sue and be sued in all matters having relation 










Proctor in Admiralty. 23 


to her sole and separate property, in the same manner 
as if she were sole. 

No woman during coverture shall be capable of mak¬ 
ing any contract to affect her real or personal estate, ex¬ 
cept for her necessary expenses, or for the support of the 
firmly, or such as may be necessary in order to pay her 
debts existing before marriage, without the written con¬ 
sent of her husband, unless she be a free trader. 

Every married woman of twenty-one years of age can 
become a free trader, either by an ante-nuptial contract, 
or by her husband’s written permission, duly proven and 
registered. After such registration such married woman 
can contract and deal as a feme sole. 

Every woman abandoned by her husband, or living 
apart from him under a decree, either of absolute or 
limited divorce, is deemed a free trader. 


Mechanics’ Liens. 

Any person who, either as contractor, sub-contractor, 
or in any capacity, performs any work, labor or ser¬ 
vices, or furnishes any materials, toward the erecting, 
altering or repairing of any house or other structure, .un¬ 
der or in pursuance of, or in conformity with any con¬ 
tract, agreement or employment by the owner, lessee, 
or person in possession of land, shall have a lien for 
the price or value of such work, labor, services or mate¬ 
rials, upon such house or structure and the land upon 
which it stands, to the extent of the right, title and 









24 Insolvency Proceedings Conducted. 


interest of the owner, lessee, or person in possession at 
the time of filing the notice below mentioned. 

To secure the lien a notice must be filed vith the 
clerk of the superior court of the county where the 
land or premises are situated, within sixty days after 
the completion of the erection, altering or repairing, 
stating the name and residence of the claimant, the 
amount due, from whom due, when due, the name of the 
person against whom the claim is made, the name of 
the owner, lessee, or person in possession of the build¬ 
ing or structure, and a brief description of the building 
or premises. If upon personal property, and the claim 
is less than $200, it should be filed with the nearest 
magistrate. 

The lien ceases in, six months from the filing of the 
notice unless an action is commenced. 


Notes and Bills. 

These, when payable to bearer, or to the order of any 
person and endorsed in blank, pass by delivery. 

The general rule is that bills of exchange are entitled 
to three days’ grace. 

But there are no days of grace allowed on promissory 
notes, bills of exchange or drafts drawn, payable on de¬ 
mand. 

When the last day of grace falls on Sunday or a public 
holiday, the presentment for payment must be made on 
the Saturday preceding the Sunday or the day preceding 










Loans Negotiated. . 


the holiday. Notices to drawers and endorsers must be 
sent not later than the following Monday or day after the 
holiday. 

In ordinary cases the note or bill must be presented for 
payment on the last day of grace, and notice of non-pay¬ 
ment must be sent to drawers and endorsers not later 
than the following day. 


Partnership. 

Partners are each liable for the entire indebtedness of 
the firm. Limited partnerships, however, restricting the 
liability as to certain partners to the amount put into the 
business, can be formed under the statute. Its provis¬ 
ions need not here be set out. 


Suffrage. 

Every male person born in the United'States, or who 
has been naturalized, twenty-one years old or upwards, 
who shall have resided in this State twelve months next 
preceding the election, and ninety days in the county in 
which- he offers to vote, is eligible as a voter. 

Every voter must register his name as such before 
being entitled to vote. All elections are. by ballot. 

No person convicted of felony or any other crime held 
infamous by the laws of the State is eligible as a voter 
unless restored to the rights of citizenship in the manner 
prescribed by law. 












26 Appeals Conducted. 


Usury «aml its Effect. 

Usury consists in taking more than the lawful rate 
for the use of money or other property. 

The lawful rate is six per cent, per annum, though 
| by written agreement eight per cent, may be charged. 

Where a greater rate of interest is charged the whole 
| interest is forfeited. And the person who pays any ex- 
| cess of interest above the legal rate may recover double 
t the excess in an action against the person to whom the 
same was paid, if the action be brought in two years 
from the time of such payment. 


Wills. 

All persons excepts idiots, persons of unsound mind, 
and infants (which means persons under 21 years of 
age), may devise real estate by last will and testament. 

Wills must be in writing and subscribed by the testa¬ 
tor. 

Every will requires at least two attesting witnesses, 
neither of whom shall be interested in the devise or 
bequest of the estate, and they must both sign as wit¬ 
nesses in the presence of the testator. 











Written Opinions Prepared. 27 


Summary of Legal Principles Applicable to 
Business. 

Like all general rules, the following are subje:t, in 
particular cases, to exception and qualification : 

Ignorance of the law excuses no one. 

A mistake as to facts may relieve one from the obliga¬ 
tions of a contract; a mistake as to the law, never. 

The contracts of a minor, unless for necessaries, are 
voidable. 

A lunatic cannot enter into a binding contract. 

Fraud vitiates any contract. 

Drunkenness, if it amounts to incapacity, will render 
a contract void. 

Contracts entered into on Sunday, in the ordinary 
course of business, are void. 

The acts and contracts of one partner, in the course 
of the partnership business, bind all the rest. 

The acts and contracts of an agent, within the scope 
of his agency, bind the principal. 

Contracts entered into without consideration, unless 
under seal, may be avoided. 

No consideration is good in law which is illegal or 
contrary to public policy and good morals. 

Checks and sight drafts must be presented for pay¬ 
ment promptly. 

A note, payment of which might be successfully re¬ 
sisted in.a suit between the original parties, may be valid 
and binding in the hands of third parties, innocent 
holders for value, without notice. 













28 Tenants Removed. 


Notes bear interest from date only when so stated, 
otherwise they bear interest from maturity only. 

The' time of payment of a note must not depend upon 
a contingency ; the promise to pay must be absolute. 

If no time of payment in a note is specified, it is held 
to be payable on demand. 

A debt is not paid when a note is given and accepted 
for the amount. If the note is not -paid the original debt 
is revived. • . 

To revive a debt barred by limitation, an acknowledg¬ 
ment of its existence as a subsisting debt, accompanied 
by a written promise to pay, is necessary. 

Part payment of a debt barred by limitations will revive 
the whole debt, which will hold good until limitations run 
again from the date of such partial payment. 

A draft ordinarily furnishes no ground of action against 
the person on whom it is drawn until it is accepted. 

Each individual in a firm is liable for the full amount 
of the debts of the firm, except in cases of special or 
limited partnership. 

If a debtor owe several debts to the same creditor and 
pay a sum of money, he has the right to designate the 
particular debt to which the payment shall apply; other¬ 
wise the creditor may appropriate it to that of longest 
standing, or for which he has least security. 

The law compels no one to do impossible things. 

A will to pass real estate must be in writing, signed by 
the testator, and, in North Carolina, acknowledged in 
the presence of two witnesses, who are required to attest 
the same in the presence of the testator and each other. 















Estates Settled. 


2 V 


How to Count Interest. 

Four Per Cent. —Multiply the principal by the number 
of days, separate the right hand figure from the product 
and divide by nine. 

Five Per Cent. —Multiply by number of days and divide 
by seventy-two. 

Six Per Cent .—Multiply by number of days, separate 
right hand figure and divide by six. 

Eight Per Cent. —Multiply by number of days and 
divide by forty-five. 

Nine Per Cent. —Multiply by number of days, separate 
right hand figure and divide by four. 

Ten Per Cent. —Multiply by number of days and divide 
by thirty-six. 

Twelve Per Cent. —Multiply by number of days, sepa¬ 
rate right hand figure and divide by three. 

Fifteen Per Ce?it. —Multiply by number of days and 
divide by twenty-four. 









History of the United States. 

Br HON. ALEX. H. STEPHENS. 

One volume, 12mo, 613 pp., %, Loan, $1.50. 


[From the New York Telegram.] 

“From the discovery of Columbus to the establishment of Ameri¬ 
can independence, he carries the reader quickly and gracefully 
through all of the leading events that transpired, developing those 
facts in colonial history which led to the organization and growth 
of the present form of government. This constitutes the first part. 

“The second part is a review of the administrations of the various 
Presidents of the United States; the rise and fall of parties ; the 
progress of public opinion ; the material growth of the country ; the- 
philosophy of government; the constitutional safeguards by which 
the people have been protected ; the vigilance with which the Con¬ 
stitution has been defended in the past, and the logical results that 
followed the inauguration of the late civil war.” 


[From the Savannah Republican.] 

“ It is an excellent, if not unrivalled, work of its kind. The style 
is chaste, but simple and appropriate, a combination in which the 
author has achieved an artistic triumph.” 


[From the Goldsboro’ Messenger .] 

“As our author terms it, the book before us is a ‘ Compendium’ in 
the fullest sense of that term; but such a Compendium has never 
before fallen under our observation. It seems to contain every¬ 
thing, and to lack nothing, necessary to make up a perfect hand¬ 
book for the student of American history.” 

[From the Home and School, Louisville, Ky .] 

“ The narrative is impartial. The tone is calm and dispassionate ; 
the style is masterly—indeed, it is charming. The analysis of our 
political history is remarkable for its discrimination and its lucid¬ 
ness, and for its equal justice to all parties and to all portions of the 
country.” 


For stile by boithsell* s generally, *>r mail'd post-paid on receipt 
of price by the Publishers. 

E. J. HALE & SON, 

Publishers, Booksellers and Stationers, 

55 Chambers St., New York. 














iSortli Carolina, Georgia, Tennessee. 

Shepherd. _ Stephens. Siioup. 

HISTORY OF THE ENGLISH LANGUAGE, 

By HENRY E. SHEPHERD. 

Late of Fayetteville, N. C., Superintendent of Public Schools, Balti¬ 
more ; late Professor of tlie English Language and English 
Literature, in Baltimore City College. 


This work is intended to meet the requirements of general readers, as 
well as to supply a recognized want in our course of instruction in High 
Schools, Colleges and Universities. 

Commencing with the Teutonic invasions of Britain, it describes 
the origin and the formation of our tongue, its wonderful growth, its 
“strange, eventful history,” the sources of its rich and varied vocabu¬ 
lary, the grand literary epochs, around which so much of its glory is con¬ 
centrated, closing with our last great era, the age of Keats, Shelley, 
Byron, Scott, Coleridge and Wordsworth. Approved by the most accom¬ 
plished scholars as accurate, clear, concise, attractive in style and treat¬ 
ment, this book has made its way into the best schools and libraries. It 
is almost a necessity to all who desire an intimate acquaintance with the 
history, the genius, and the spirit of our mother tongue. 

1 Vol. 112mo, Cloth , Price 


THS SCHOOL BOOK OF THE AGE! 

HISTORY OF THE UNITED STATES. 

By Hon. ALEXANDER H. STEPHENS. 

513 pp., 12mo, Loan, §1 50. 

“I think it the most valuable compendium I have ever seen on any sub¬ 
ject. It is the only school history l have found that is really readable, 
and our pupils take much greater interest in the subject than ever before. 
The style is fine ; the matter is selected with a wonderful eye to salient 
points, so that one can find just the information that he needs.”— Maj. 
Robert Bingham, Bingham School. 

“It is pei'vaded by candor and clearness, and is characterized through¬ 
out by accuracy of statement, careful compilation, a polished and gentle¬ 
manly style, and an utter absence of that partisan malignity and acrimo¬ 
nious virulence that mar the usefulness of so many histories, and render 
them unworthy of adoption by any discriminating teacher or judicious 
parent.”— Prof. H. E. Shepherd, Supt. Public Schools, Baltimore. 

“A work of high excellence. The style is vigorous, precise and per¬ 
spicuous, presenting the facts just as they stood in the clear, calm, com¬ 
prehensive mind of the author ; so that a reader of common intelligence 
and industry cannot fail to understand the meaning in its full import.”— 
Connecticut School Journal. _ 

THE ELEMENTS OF ALGEBRA, 

By GEN. F. A. SHOUP, 

Professor of Mathematics, University of the South. 

227 pp 8vo, Cloth, $1.50. 

For sale by booksellers generally, or mailed post-paid by the publish¬ 
ers on receipt of price. To teachers, for examination, on receipt of 75 cts. 

E. J. HALE & SON, Publishers, Booksellers and Stationers, 

55 Chambers Street, Eew TotJe. 













North Carolina. South Carolina. Georgia. 

Fuller. Timrod. Hayne. 

‘The Angel in the Cloud. 

By EDWIN W. FULLER. 


New (4th) Edition, with Memoir, Portrait, and other Poems. 

One volume, 12mo, cloth, gilt extra, $ 1.50 ; gilt edges, $2.00. 


The Poems of Henry Timrod. 

EDITED, WITH MEMOIR, 

By PAUL II. IIAYNE. * 

One volume, 12mo, 225 pages, cloth, gilt extra, $1.50. 

“Genuine poetry, that will be recognized and appreciated by all culti¬ 
vated minds and gentle souls .”—'Boston Daily Advertiser. 

“ Entitled to a niche in the temple of fame.”— X. Y. World. 

“The genius of Timrod has met with reeognition-wherever his poems 
have been seen.”—A*. Y. PosC. ' 

“A dainty little volume, beautifully printed, with just enough exterior 
adornment, and that in such good taste as fitly enshrines the graceful 
utterances of one of the truest and sweetest singers this country has given 
to the world .”—Charleston Courier. 


The Mountain of the Lovers; 

WITH POEMS OF NATURE AND TRADITION. 

By PAUL H. HAYNE. 

12mo, gilt extra, gilt edges, $1.50. 

“ The man is a Poet. * * Asa sonneteer, among the very first of living 
bards .”—New York Independent. . 

“ We never have had on this side the water a hand that could as deftly 
work .up the more subtle aspects of nature, which so many of us feel yet 
" have no power to express. * '* Beautiful enough, internally and exter¬ 
nally, to grace any lady’s drawing room table; strong and manly, and of 
nerre enough to be within reach of the hand of the professional or busi¬ 
ness man. among the tools of his trade .”—Louisville Ledger. 

“ It. is long since a volume containing more true poetry has been given^ 
to us by an American .”—Indianapolis Journal. 

For sale by Booksellers generally, or mailed post-paid on receipt of the price 

by the publishers , 

ZEE J. ZEaZ-A-X/E] dc SOZLT, 

Publishers, Booksellers and Stationers, 

55 Chambers Street, N<iv York. 










THIS BOOK MAY BE HAD OF 

E. J. HALE & SON, 

JYo. 55 Chambers St,., New York, 

Who invite orders for Books of their own publication and for other 


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WRITING PAPERS—Cap, Letter, Note and other sizes. 
BLANK BOOKS, of all grades. 

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SCHOOL SLATES, best quality, all sizes. 

SLATE AND LEAD PENCILS, 

PENS, INKS, MUCILAGE, &c., &c. 

Those wlio favor us with their orders may rely upon having them filled 
promptly, and at prices which we believe to be quite as low as 
can be had in this market. 

E. J. HALE & SON, 

Publishers, Booksellers and Stationers, 

55 Chambers Street, New York. 








EVERY-DAY 


BUSINESS LAW. 


ANSWERS TO 


SOME SIMPLE QUESTIONS 


FREQUENTLY PUT TO LAWYERS BY 
LAYMEN. 


WALTER CLARK, 

ATTORNEY AND COUNSELLOR,-RALEIGH, N, C. 


RALEIGH: 

P. M. HALE, PUBLISHER. 
1 882 . 






















































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